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The Governments of Europe

Note (Back) — Chapter XVII

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355. Powers and Functions: the National Assembly.—Speaking broadly, the functions of the French chambers are three-fold—constituent, elective, and legislative. The first two are required to be exercised by the two houses conjointly. By the constitutional law of February 25, 1875, there is provided the only means whereby the constitution of the Republic may be amended. "The chambers," it is stipulated, "shall have the right by separate resolutions, taken in each by an absolute majority of votes, either upon their own initiative or upon the request of the President of the Republic, to declare a revision of the constitutional laws necessary. After each of the two chambers shall have come to this decision, they shall meet together in National Assembly to proceed with the revision. The acts affecting revision of the constitutional laws, in whole or in part, shall be passed by an absolute majority of the members composing the National Assembly."[489] The power of constitutional amendment is therefore vested absolutely in the parliamentary chambers, under the requirement simply that it be exercised in joint session. The only limitation that has been imposed on parliamentary omnipotence in this direction is a clause adopted in an amendment of August 13, 1884, to the effect that "the republican form of government shall not be made the subject of a proposed revision."[490] As in the British system, constituent and legislative powers are lodged in the same body of men; and not merely the powers of constitution-making, but the exclusive right to pronounce upon the constitutionality or unconstitutionally of legislation. The principal difference is that, whereas the British Parliament exercises the sum total of its powers in an unvarying manner, the French, when acting in its constituent capacity, follows a specially designed procedure.

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